Bundesbeamte IMMER NOCH unfähig Kunst und Bioterrorismus zu unterscheiden:

http://www.nadir.org/nadir/aktuell/2004/06/03/24115.html
http://caedefensefund.org/


Informant: Bernard Blanc

by Kim Zetter

Wired

June 7, 2004

http://www.wired.com/news/privacy/0,1848,63702,00.html

Forget drug-free and nuclear-free zones. A growing grassroots movement seeks to make the United States a Patriot Act-free zone, one city at a time.

Or, at the very least, the people behind the movement hope to make their cities constitutional safe zones.

In the past two years, more than 300 cities and four states have passed resolutions calling on Congress to repeal or change parts of the USA Patriot Act that, activists say, violate constitutional rights such as free speech and freedom from unreasonable search and seizure.

Barring that, the resolutions declare that their communities will uphold the constitutional rights of their residents should federal law enforcement agents come knocking on the door of local authorities for assistance in tracking residents. This means local authorities will insist on complying with federal orders only in ways that do not violate constitutional rights. The resolutions are not binding, however, and do not affect the federal government's actions.

The national movement was launched in 2001 by the Bill of Rights Defense Committee http://www.bordc.org/ , an organization led by activist Nancy Talanian. Talanian first lobbied her community -- Northhampton, Massachusetts, a town of 30,000 people -- to stand against the act in November 2001, when few people had heard about the legislation.

Talanian and fellow activists urged newspaper editors to write about the legislation and hosted a public forum attended by 400 people, including Northampton's mayor and chief of police. Word spread quickly to other communities, four of which passed their own resolutions before Northampton passed its declaration the following May.

Two years later, 322 municipalities
http://www.bordc.org/OtherLocalEfforts.htm and four states -- Alaska, Hawaii, Maine and Vermont -- have Patriot Act resolutions.

Congress passed the USA Patriot Act
http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03162: swiftly in October 2001, 45 days after the Sept. 11 attacks, easing restrictions on the government's ability to dig up personal information about citizens and non-citizens, and obtain wiretaps and search warrants. Only one senator, Russ Feingold (D-Wisconsin), and 61 House of Representative members voted against the legislation.

Under the act, federal investigators can obtain individuals' library, financial, health and education records from cities while barring municipal workers from letting anyone know authorities have seized the documents. Officials can also monitor the activities of people who have not been identified as suspects and search a home or office without prior notice.

The municipal resolutions, crafted individually by each community, vary in language. They affirm, for the most part, that city employees aiding federal authorities in national security investigations will not violate the rights of people under investigation, such as monitoring political and religious gatherings where people are engaging in activities protected by the First Amendment.

Hawaii was the first to pass a statewide resolution, citing the internment of Japanese-Americans during World War II as a motivating factor.

Talanian said fewer than five municipalities rejected resolutions brought before them. These included Boston and Petaluma, California, a small town north of San Francisco.

Fred Hemmings, a Republican state senator in Hawaii who voted against a resolution passed in his state, called the resolution a political play by leftists bent on criticizing the government.

"There are constitutional zealots that somehow believe, especially in times of war, that some of our adversaries should be protected by rights given to us by the Constitution," he said. "But the people on the left are forgetting that we're fighting a war against a nationless enemy. It has to be fought on completely new terms."

He said although he has not read the Patriot Act in detail, he believes "it does provide for adequate judicial oversight of any intrusion into a person's personal life."

But Councilwoman Kathy Lantry from St. Paul, Minnesota, where a resolution passed 6-to-1, took issue with the interpretation that only liberals are behind the movement.

"There are many conservative councilors around the country who have stated emphatically that there are many portions of the Patriot Act that are in direct violation to the way that many of us thought we do things in America," she said. "It's an easy out to say it's just a liberal issue."

Talanian said the community movements, which act independently of her national group and draft their own resolutions, consist of coalitions of disparate groups, from conservative libertarians to liberal civil rights activists.

"It's been very nonpartisan," she said. "There have been mixtures of political parties, as well as peace and veterans groups and student and faculty groups, working together."

Although the resolutions don't carry official weight, the communities say they hope to send a message to Congress to change or repeal parts of the act.

"Resolutions are powerful in that a city council can tell employees in their jurisdiction how they will behave," said Talanian. "They can say we don't want law enforcement to engage in certain activities even if authorized by certain legislation."

Although the resolutions don't prevent federal agents from monitoring or arresting citizens on their own, Talanian said federal authorities would be less likely to pursue surveillance without probable cause, since they don't have the resources to pursue every person who interests them without the cooperation of local law enforcement.

"It might create some checks and balance by reason of logistics or budget priorities for the FBI," she said.

Councilwoman Lantry said no one should underestimate the power local communities can have over how the federal government does its work.

"Maybe one tiny little city council in St. Paul, Minnesota, isn't going to change the way this country does business, but as others join in that cause, it will give pause to those passing policy that perhaps they didn't think about, and need to think about, the negative impact (of the legislation)," she said. "That idea -- that because we can't have a direct impact we shouldn't say anything -- is not the way our country works."

Talanian said the community groups don't oppose all of the Patriot Act's provisions. "We're not saying the entire Patriot Act should be repealed but that certain sections need to be debated to make sure people's rights are being protected."

She pointed to the recent case involving Oregon lawyer Brandon Mayfield, who was arrested by the FBI after it mistakenly matched Mayfield's fingerprint to one found on a bag related to the train bombing in Madrid.

"Brandon Mayfield illustrates what can happen if there are laws that are so elastic that they allow people to be picked up and detained and have their houses searched and their careers harmed using ways that are not effective for catching terrorists," Talanian said.

Some provisions of the Patriot Act will expire in December 2005. But the Bush administration and congressional allies have been pushing aggressively to get Congress to null the expiration clause. In January, President Bush called on Congress to renew the Patriot Act in his State of the Union address. He has been urging the same in stump speeches on his campaign trail.

Attorney General John Ashcroft has said repealing or changing the Patriot Act would hamper the government's ability to catch terrorists and protect the public.

But the government may be getting the message that citizens are unhappy with the legislation. In March, Chuck Rosenberg, chief of staff to James Comey, the second-highest official in the Justice Department, told a reporter in St. Louis, Missouri, "We're losing this fight."

Talanian said it's important for people to understand that they, not just Congress, can and should participate in debates about national security and legislation that will likely be around a long time.

"Hopefully, the more communities pass resolutions, (the more it) will help change the laws and make people more aware of what their rights are and the importance of protecting them in the future, so that a Patriot Act in a few years couldn't be passed quietly without being read," she said.


Informant: NHNE


PREVIOUS NHNE NEWS LIST ARTICLES:

AMERICANS WOULD TRADE RIGHTS FOR SECURITY (6/7/2004):
http://groups.yahoo.com/group/nhnenews/message/7345

ACLU SUIT UNCOVERS THE SECRETS OF SECRET SURVEILLANCE (6/6/2004):
http://groups.yahoo.com/group/nhnenews/message/7340

N.Y. CITY COUNCIL PASSES ANTI-PATRIOT ACT MEASURE (2/13/2004):
http://groups.yahoo.com/group/nhnenews/message/6752

PART OF PATRIOT ACT RULED UNCONSTITUTIONAL (1/26/2004):
http://groups.yahoo.com/group/nhnenews/message/6664

RESISTANCE TO PATRIOT ACT GAINING GROUND (1/20/2004):
http://groups.yahoo.com/group/nhnenews/message/6635

BUSH STEALTHILY SIGNS PARTS OF PATRIOT ACT II INTO LAW (12/29/2003):
http://groups.yahoo.com/group/nhnenews/message/6506

AL GORE: FREEDOM & SECURITY (11/15/2003):
http://groups.yahoo.com/group/nhnenews/message/6262

COALITION FORMS TO ROLL BACK PARTS OF PATRIOT ACT (10/18/2003):
http://groups.yahoo.com/group/nhnenews/message/6119

ACLU: JUSTICE DEPT.'S PATRIOT ACT WEBSITE CREATES NEW MYTHS (9/10/2003):
http://groups.yahoo.com/group/nhnenews/message/5925

PERSPECTIVE: HOW AN EARLIER 'PATRIOT ACT' LAW BROUGHT DOWN A PRESIDENT
(6/26/2003):
http://groups.yahoo.com/group/nhnenews/message/5588

PATRIOT ACT BEING USED TO PURSUE CASES NOT RELATED TO TERRORISM (5/22/2003):
http://groups.yahoo.com/group/nhnenews/message/5364

PATRIOT RAID (5/3/2003):
http://groups.yahoo.com/group/nhnenews/message/5224

LOCAL OFFICIALS RISE UP TO DEFY THE PATRIOT ACT (4/21/2003):
http://groups.yahoo.com/group/nhnenews/message/5163

FIRST ANTI-PATRIOT ORDINANCE PASSED IN CALIFORNIA (4/5/2003):
http://groups.yahoo.com/group/nhnenews/message/5037

HAWAII MAY BECOME FIRST STATE TO PUBLICLY OPPOSE PATRIOT ACT (4/4/2003):
http://groups.yahoo.com/group/nhnenews/message/5015

LIBRARIES POSTS WARNING: FBI MAY SPY ON YOU (3/11/2003):
http://groups.yahoo.com/group/nhnenews/message/4692

JUSTICE DEPT. DRAFTS SWEEPING EXPANSION OF ANTI-TERRORISM ACT (2/8/2003):
http://groups.yahoo.com/group/nhnenews/message/4403

US PLANNING TO RECRUIT ONE IN 24 AMERICANS AS CITIZEN SPIES (7/16/2002):
http://groups.yahoo.com/group/nhnenews/message/3419

FBI MONITORING READING HABITS (6/26/2002):
http://groups.yahoo.com/group/nhnenews/message/3322

BEHIND THE USA PATRIOT ACT (11/9/2001):
http://groups.yahoo.com/group/nhnenews/message/2239

Action Alert: Call your Representative to stop HR 3179

Next Wednesday, June 16th, the House Intelligence Committee is expected to consider expanding the USA PATRIOT Act by slipping portions of the Anti-Terrorism Intelligence Tools Improvement Act of 2003, HR 3179, into the Intelligence Authorization Act for Fiscal Year 2005. HR 3179 includes the following provisions from the leaked Justice Department draft of the Homeland Security Enhancement Act, AKA "Patriot II":

* A "lone wolf" provision that applies the Patriot Act's surveillance and investigation provisions to persons acting alone. (The Senate has already passed this as a stand-alone bill.)

* Penalties for failure to cooperate with overbroad powers for the FBI to issue secret National Security Letters (NSLs) requesting private information, with no checks and balances

* Secret use of information from NSLs in immigration proceedings, which would deny immigrants their fifth and fourteenth amendment protections from being "deprived of life, liberty, or property, without due process of law."

There is no evidence that the FBI needs these provisions. Furthermore, it is too early to consider expanding the USA PATRIOT Act. We have not yet had adequate congressional oversight of how the government is using the surveillance provisions of the PATRIOT Act. Some provisions of the PATRIOT Act are set to expire at the end of 2005, so Congress will need to review them next year -- when all of these issues can be publicly debated and analyzed.

The intelligence authorization bill generally contains many important provisions, and it must pass every year, so it is difficult for members of Congress to vote against it even if it contains some provisions they oppose. Therefore, it is critical to stop the inclusion of HR 3179 in committee.

In this e-mail you will find

· Background information

· What you can do

· Links for more information

· Sample phone script and e-mail blog

· Reminder: CLRA introduction Tuesday, June 8


Background Information

Last year, Reps. James Sensenbrenner (R-WI) and Porter Goss (R-FL) introduced HR 3179, a bill that would expand the FBI's ability to obtain records without a court order and wiretap people without meeting normal constitutional standards. After various organizations voiced opposition to the bill, the House Judiciary Committee held a hearing on HR 3179 last month, where former Rep. Bob Barr (R-GA) testified against the bill.

After the hearing, it was reported that Rep. Goss, who is the Chair of the House Intelligence Committee, was likely to tack the provisions of HR 3179 onto the annual intelligence authorization bill, which his committee debates and votes on behind closed doors.

You may recall that last December, another section from Patriot II, which expanded the FBI's ability to use secret National Security Letters, was tacked on to the Intelligence Authorization Act of 2004 without the knowledge of most members of Congress. It was passed, and President Bush signed the bill on Saturday, December 13, the day of Saddam Hussein's capture by U.S. forces in Iraq. Texas Congressman Ron Paul called the tactic "a stealth enactment of the enormously unpopular 'Patriot II' legislation."

To stop this stealth tactic from being reused, the grassroots must show its strength and resolve to protect and restore our civil liberties.

What You Can Do

If you oppose this bill and the undemocratic process of, please call your Representative during this National Call-In Week to Protect Civil Liberties (June 7-11). Tell your Rep. that you oppose expanding the PATRIOT Act and do not want the House Intelligence Committee to tack provisions of HR 3179 onto the intelligence authorization bill. (See sample phone script below) To obtain the phone number for your Representative, call the Congressional Switchboard at 202-225-3121 or visit http://www.congress.org .

Links for More Information

* HR 3179's Bill Text, Summary, and Status:

http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.r.03179:

* Conservative Opposition to the Bill at:

http://www.spectator.org/util/print.asp?art_id=6644

* Bob Barr's full testimony before the House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security's hearing on HR 3179, which was held on May 18th: http://www.aclu.org/news/NewsPrint.cfm?ID=15778&c=206

Sample Phone Script and E-mail Blog
Sample Script

Call your Representative's office and tell the staff person who answers the phone:

Hi, this is [Your Name] from [Your Hometown]. I am calling to urge Representative [Last Name] to oppose HR 3179. I understand that the House Intelligence Committee may tack the entire bill onto the Intelligence Authorization Act for 2005 at a closed markup session on June 16th. I ask that Representative [Last Name] contact members of the House Intelligence Committee and urge them to oppose both HR 3179's provisions and their inclusion in the authorization bill. HR 3179 would expand the PATRIOT Act and I do not think those important issues should be decided behind closed doors. Congress must take up the PATRIOT Act next year when it reviews the sunset provisions, and all of these issues should be publicly debated next year.

Sample E-mail or Blog Message

Please spread the word by telling family, friends, and colleagues to call their Representatives as well by posting the following message in a blog or e-mail:

Legislation is pending in the U.S. House of Representatives to expand the USA PATRIOT Act -- and there are reports that HR 3179 will get slipped into an intelligence agency bill that will be debated and voted on behind closed doors on June 16th. Please urge your Representative to oppose this bill, and to oppose allowing these important issues to be decided without public participation. Congress should be adding oversight provisions and judicial checks and balances to the PATRIOT Act, not expanding it behind closed doors. See http://www.bordc.org/legislation.htm for more information.

Reminder: CLRA introduction Tuesday, June 8

Thank you to the organizations that have signed on to the Civil Liberties Restoration Act letter of support. The Rights Working Group now has a website ( http://www.rightsworkinggroup.org ), which includes talking points on the act at http://www.rightsworkinggroup.org/clratp.pdf. Please call your House Member and Senators and urge them to support the bill.

We thank you for taking these vital steps to protect your civil rights and liberties.

Bill of Rights Defense Committee
Web: http://www.bordc.org
Email: info@bordc.org
Phone: 413-582-0110


Informant: Global Network

The bankruptcy of fear-mongering as policy : If there is any doubt that the Bush administration poses a greater threat to liberty as we know it than al-Qaida, Attorney General John Ashcroft dispels that doubt regularly...

http://www.news-journalonline.com/NewsJournalOnline/Opinion/Editorials/03OpOP02060404.htm

http://tinyurl.com/24o85

http://www.informationclearinghouse.info/article6287.htm


From Information Clearing House

http://babelogue.citypages.com:8080/ecassel/2004/05/29


Informant: NHNE

Aufgrund des Patriot Act wird in den USA ein Künstler, der sich kritisch mit Biotechnologie auseinander setzt, des Bioterrorismus verdächtigt...

http://www.telepolis.de/tp/deutsch/inhalt/sa/17571/1.html

http://www.alternet.org/story.html?StoryID=18823


Informant: Laurel

"The ill-named Patriot Act ramroded through Congress just days after 9-11 is costing the average American precious freedoms and allowing unwarranted expansion of government power. We are paying dearly for not taking a strong stand against this tyranny. We have only to look at the intent the Founding Fathers had in framing the U.S. Constitution to understand how much it is being trashed and circumvented today."

http://www.libertyforall.net/2004/may23/Dismantling.html


Informant: Thomas L. Knapp